التحكيم الدولي و دوره في تسوية النزاعات الدولية

الملخص EN

The article deals with how the international arbitration mechanisms have effectively contributed in the field of settling the international disputes in general, and the international border disputes in particular, since the beginning of the nineteenth century.

We have deliberately, used the term “arbitration contributions” instead of, the “role of arbitration” because of its stronger connotation.

However, the role of arbitration is not limited to settling a certain number of international disputes; it seems to be the direct role of arbitration.

In addition, arbitration has many other contributions that indirectly affect the settlement of international disputes in general, and border disputes in particular.

Most of the cases that have been settled throughout the arbitration since its inception until the present time are: The Geneva Treaty between the United States of America and Britain is the first of the treaties that provided for referring disputes arising between them to arbitration.

Several disputes have been settled through arbitration based on this treaty, including arbitration in the dispute related to the Gulf of Fundy.

The treaty was signed In 1814.

In 1899, the first Hague Convention was signed, it was amended in 1907, which expressed the acceptance of the international community in establishing an organizational structure for arbitration.

Among the most famous cases that were settled in that period through arbitration were the case of “fleers” from Casablanca in 1908, as well as, the arbitration between England and Germany in 1911, the arbitration between Honduras and Nicaragua, which was decided by the King of Spain in 1906, and the arbitration between the Netherlands and Portugal over the Timor Islands in 1914.

After that, the Permanent Court of Justice was established after the formation of the League of Nations, and this court had a role in settling many international disputes, and among the cases that international arbitration contributed to settling in the period between the two world wars, the arbitration between Venezuela and Colombia in 1929 over the borders between them.

After World War II, the International Court of Justice was established as one of the organs of the United Nations, which contributed a modest role in settling international disputes, as this court is the main judicial body of the United Nations.

The current court system was attached to the United Nations Charter and considered an integral part of it.

The framers of the charter wanted to abolish the Permanent Court of International Justice, which was established during the League's era.

However, international arbitration has continued to play its role despite the presence of a number of factors that kept countries from resorting to settling disputes that arose between them.

A large number of disputes were settled during the second half of the twentieth century.

An American-British court under the Treaty of London in 1953 settled more out of a hundred disputes.

The achievements of international arbitration can be summarized as follows : 1-Reducing the number of international conflicts and limiting their spread, and exacerbating their effects on the international community by settling a large number of them in a fair and satisfactory manner for the parties.

.9It was the reference in settling similar disputes.

It also contributed to the consolidation and development of the basic principles governing border disputes in particular.

.2States and other persons of international law have a great deal of confidence in arbitration, as its provisions include and stipulate for resorting to it many bilateral and collective agreements here.

International disputes that are submitted to international arbitration: It is the "border between states", the basis of which is the dispute over the "attribution of territories." The nature of international disputes subject to international arbitration: International jurisprudence and jurisprudence have adopted a specific concept of international conflict: “a dispute over a legal issue (such as the interpretation of an international treaty) or a conflict of legal opinions for two or more international legal persons”.

Among the international disputes: Legal disputes: are those in which: “the two parties have a disagreement about the application of the existing conditions or the interpretation of their provisions, and they can be resolved by referring to known or valid legal rules that are then considered by the court”.

Political disputes: Any dispute that affects the independence of the state or its vital interests and honor.

Mixed conflicts: They are “every international conflict that derives a political character, given that it has a certain importance for the concerned state.

The state is a political organization, and all issues that affect it, especially in its relationship with other countries, are therefore political”.

In more precise terms, this dispute rests on two elements : The first element: The locus of expropriating a large area of territory constitutes a geographically independent unit, and the best example of this is the islands.

The second element: It is represented in the demands of the parties to the conflict to exercise sovereignty over the geographical area in question.